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LGBTQIA+ Issues and Relationship Discussion
Reply to "\Judge grants parentage rights to sperm donor/denies parentage to non-bio mom on birth cert"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]From the terrifying files: https://mombian.com/2023/02/15/oklahoma-grants-parentage-to-sperm-donor-over-nonbiological-mom/[/quote] She should have taken the time to adopt her child. That is the only legal way to have and connection.[/quote] No. They were married when the baby was born and she was listed on the birth certificate. This is because they were a gay couple. If she’d been a man and it was a hetero marriage, it wouldn’t have been the same issue. [/quote] A father listed on the birth certificate is presumed to be the father, but it's not necessarily the case. If the sperm donor came around to a hetero couple and stated he didn't terminate his parental rights, there could still be a court showdown.[/quote] It doesn’t matter. In many states it can be proven that the husband isn’t the father, but because the baby was born into the marriage and he assumed a parental role, he’ll be on the hook for child support upon divorce, even if the mom hooks up with the actual baby daddy. But the point is, marriage equality was supposed to give gay couples the same rights, meaning a baby born into a marriage wouldn’t necessarily have to be adopted by the other mom because she’s on the birth certificate, and they’re supposed to be equal to hetero couples. The judge specifically said the law he referenced was before gay marriage was legal, it didn’t take gay marriage into account, so this marriage doesn’t have the same protections as a hetero marriage because they’re both women. And people on this thread are like, “yeah, gay parents don’t have the same rights because they’re gay, they need different rules and hoops to jump through if they want to be real parents with the same rights.” [/quote] OK.[/quote]
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